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(영문) 대구지방법원 서부지원 2017.11.28 2017고정324
건설산업기본법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of facility maintenance business, civil engineering construction business, etc., and the defendant A is the representative director of the above corporation B.

1. Defendant A

A. The Defendant in violation of the Commercial Act, as the representative director of a corporation B in Daegu-gun Co., Ltd., who was in violation of the Commercial Act, received the capital required for the registration of incorporation of the said corporation from a financial institution and paid the stock price to the financial institution, and promptly withdrawn it and repaid the loan.

On December 7, 2015, the Defendant deposited 300,000,000 won, including 250,000,000,000 won, which was loaned by a financial institution from the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongdong-gun, into the new cooperative under the name of the Defendant as a share payment, and prepared a report on the financial management status necessary for the registration of construction business on January 6, 2016, after obtaining a certificate of deposit from the said credit cooperative, and subsequently, made a false payment of the capital by withdrawing KRW 180,00,000 on the 18th of the same month and repaying the loan.

B. On December 8, 2015, the Defendant had a registered official, via a certified judicial scrivener D, at the Daegu District Court’s registry office located in Daegu Dong-gu, Daegu District Court, Daegu, Dong-gu, Dong-gu, 212, submit a deposit balance certificate and related documents issued by pretending the payment of the share capital, and had the registered official enter “30,000 shares” in the “total number of issued shares” column of the commercial electronic data processing system, and “amount of capital” into the “total number of issued shares” column of the commercial data processing system, and made the registration of incorporation of B corporation “30,000,000 won” in the “total number of issued shares” column of the commercial data processing system, and stored and operated the said public electronic data processing system.

Accordingly, the Defendant made a false report to a public official for the purpose of making administrative affairs as above, and thereby is an electronic record.

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